Immigrants & Immigration

Work authorization, or employment eligibility, refers to a person’s ability to legally work in the US. US citizens are always authorized to work in the United States. In contrast, non-US citizens might be allowed to work in the US depending on their immigration status.

US employers are required to check that all employees are authorized to work by completing a Form I-9 and reviewing documents that show someone is allowed to work within a few days of hire.

There are many types of work authorization in the US, and noncitizens may be eligible to work in the US if:

• They are a lawful permanent resident (LPR), also known as a green card holder.
• They hold an employer-sponsored work visa, such as an E-2, E-3, H-1B, L-1, O-1, or TN.
• They are in a dependent visa status that provides work authorization, such as E-2S, E-3S, or L-2S.
• They hold a valid Employment Authorization Document (EAD) as a part of their immigration status.

An Employment Authorization Document (EAD) is a document issued by US Citizenship and Immigration Services (USCIS) to certain categories of non-citizens in the United States. An EAD lets a noncitizen work lawfully in the US on a temporary basis, typically for a period of one to five years, depending on the visa or parole category.

An EAD is issued as a plastic card, similar to a driver’s license. It has basic information such as the holder's photo, name, date of birth, USCIS number, EAD card number, eligibility category, validity dates, and any restrictions.

Non-citizens in the US may qualify for an EAD, depending on their immigration status. These may include:

• Applicants for cancellation of removal,
• Asylees or refugees with a pending or approved asylum application,
• Those covered by Deferred Action for Childhood Arrivals (DACA) who need to work for financial reasons,
• Fiancé(e)s or spouses of US citizens holding a K visa,
• University-level international students looking to work in their field of study before or after graduation,
• Intending immigrants who have submitted an adjustment of status (green card) application,
• Non-citizens, including refugees, paroled into the US for urgent humanitarian reasons or reasons of significant public benefit,
• Non-citizens with a pending or granted withholding of removal application,
• Non-citizens of a country designated for Temporary Protected Status (TPS), who have applied or been approved for TPS,
• Limited categories of spouses of non-citizens with work visas, including H-4 spouses in certain circumstances, and
• Victims of violence or crimes with a T or U visa or being a VAWA self-petitioner.

Even if a person does not fall into any of the above categories, they might still qualify for an EAD in one of the less common categories. The USCIS website has a complete list of the EAD eligibility categories.

They must file Form I-765, Application for Employment Authorization with USCIS, along with the following required documents:

• A copy of their Form I-94, Arrival and Departure Record,
• A copy of their last EAD, if applicable,
• A copy of a government-issued identity document, such as a passport, state ID, or driver’s license, and
• Two identical US passport-style photos.

They must also submit additional documents depending on their EAD eligibility category. The application can be filed online or by paper. To file the EAD online, they need to create a USCIS account.

The cost to file depends on a person’s eligibility category. Generally, the filing fee for an online application is $470, and for a paper application, it is $520. If an applicant cannot afford the application fee, they can request a fee waiver. If they need to file a fee waiver, they must file their Form I-765 by paper. They cannot file online if they need a fee waiver. Based on the EAD eligibility category, an applicant may also be exempt from paying the filing fee or qualify for a reduced fee. Find the specific fee schedule here.

If an applicant is filing their EAD application with other immigration applications, they must fill out separate credit card debit forms for each application. USCIS will reject their entire package if they submit a single, combined payment for multiple applications.

For paper applications, filing addresses are listed on the USCIS website. The mailing address for their paperwork depends on their EAD eligibility category.

Yes. Non-citizens who are authorized to work in the US usually need a Social Security Number (SSN) for employment and taxation purposes. USCIS encourages people to apply for a SSN in their EAD application if they do not have one. If they request an SSN in their EAD application, their SSN card will be mailed separately from their EAD card to the address listed on their EAD application. They should receive their SSN card within seven business days after they receive their EAD card.

If the applicant does not have an SSN or did not request one on their EAD application, they must go to a Social Security Administration office after they receive their EAD card to apply for an SSN.

The applicant should receive a notice from USCIS confirming that they have received their EAD application. Use the receipt number indicated on the receipt notice to check the status of their EAD online.

After their EAD is approved, USCIS typically takes one to two weeks to create and mail the EAD card. If an EAD card does not arrive within 30 days of approval, visit e-Request - Self Service Tools (uscis.gov) to submit an inquiry.

Form I-765 is used to request a new EAD. Most EAD categories allow a person to renew up to six months before the EAD expiration date on the card. The person applying must still be eligible for work authorization, and pay the required fees, if any. USCIS recommends filing a renewal request 180 days before the date of expiration.

It’s important to note that if a new EAD card is not issued before a person’s existing one expires, they may have a gap in work authorization. If they work without work authorization, even if it’s for only a short time between their EAD expiration date and the renewal date, it may impact their immigration status in the future.

To replace a lost, stolen, or damaged EAD card, you may file a new Form I-765 with USCIS. If their EAD card has wrong information, like the incorrect spelling of their name, you can also file Form I-765 with USCIS to request a new card with the correct information.